Case Law and Common Law Overview

Equity will not create a remedy that goes against existing law.

When two parties are equally deserving, the law will decide the outcome.

Equity won't help someone who hasn't given something in return for a promise.

Equity won't let someone exploit a lack of legal formality if it's unfair.

If a trust doesn't specify how to divide property, it's assumed to be equal.

The right of a borrower to reclaim their property after repaying a mortgage.

Rights granted by equity, not recognized by common law.

Court-ordered remedies, like injunctions, specific performance, and rescission, used to achieve fairness.

The body of laws developed in England through judicial decisions, not through legislation. It's a source of law that relies on precedents established by judges in previous cases.

A branch of law that supplements the common law, addressing fairness and justice in situations where strict common law rules might lead to unfair outcomes.

Decisions made by judges in court cases that establish legal precedents, serving as a guiding principle for future similar cases. These decisions add to the body of common law.

The practice of following previous judicial decisions in similar cases to ensure consistency and fairness in applying the law.

Although different, both common law and equity are part of English law, operating within the same court structure.

The common law is law that has not been enacted through legislation, meaning it originates from case law and judicial decisions.

Equity is a source of law in England and Wales, though it differs from the common law.

Despite the contrast, both common law and equity are part of the broader English legal system, playing distinct roles in ensuring fairness and justice.

A court order that compels a person or group to take a specific action or refrain from doing something.

An injunction that forces someone to perform a specific act, often stated as 'You must...'

An injunction that prevents someone from performing a particular action, usually phrased as 'You must not...'

An injunction granted before a trial takes place to preserve the existing situation until the case is resolved.',

A court order that compels a person or body to fulfill their obligations under a contract or trust.

A court order that cancels a contract, aiming to return the parties to their original positions.

A legal practice that allows local customs to be enforced as exceptions to common law.

A set of requirements for recognizing local customs as legal exceptions to common law.

A judicial body in the UK that handles specific legal cases, divided into chambers with specialized areas.

A division within the First-Tier Tribunal focusing on regulatory matters, covering various sectors like environment, consumer protection, and licensing

A division within the First-Tier Tribunal specializing in issues related to benefits, compensation, and social support.

A specialized area within the First-Tier Tribunal dealing with matters such as asylum seeking, and compensation for crime victims.

A specialized area within the First-Tier Tribunal dealing with disputes related to social security and child support.

The highest court in the UK for civil and criminal cases.

A court that reviews decisions made by lower courts.

The court that hears cases for the first time.

A court that handles both trial and appellate functions.

The Court of Appeal is divided into a Civil Division and a Criminal Division.

The Court of Appeal primarily considers legal arguments and documentary evidence.

In most cases, three judges sit on the Court of Appeal.

The Court of Appeal (Criminal Division) only handles appeals for criminal cases.

The European Convention on Human Rights (ECHR) was created by the Council of Europe in 1950 to prevent human rights abuses after WWII.

The European Court of Human Rights was created in 1959 to handle complaints about ECHR violations after domestic courts have been exhausted.

The European Commission of Human Rights was created alongside the Court in 1959 to filter out some cases and attempt to reach a resolution through conciliation.

The Human Rights Act 1998 brought most ECHR rights into English law, allowing individuals to rely on these rights in domestic proceedings.

The Human Rights Act 1998 requires English courts to consider previous rulings of the European Court of Human Rights in their decisions.

The Human Rights Act 1998 allows English courts to develop a new set of laws based on human rights cases.

The Human Rights Act 1998 allows for the overruling of previous English legal decisions if they contradict European Court rulings.

The Human Rights Act 1998 has a significant impact on the doctrine of judicial precedent in English law.